President Trump just lost a major case that is going to have Democrats dancing around in the streets.
Just moments ago, the Supreme Court ruled 5-4 that the Trump administration cannot rescind the DACA program.
The Decision
Once again, Chief Justice John Roberts has sided with the liberals on the Supreme Court to hand Trump a devasting blow in his effort to get DACA removed from the law books.
Roberts, in the majority opinion, stated it is not the court’s place to determine the soundness of the policy, just whether or not it was procedurally correct.
He stated, “We do not decide whether DACA or its rescission are sound policies. ‘The wisdom’ of those decisions ‘is none of our concern.’
“We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action.”
Robert would go not to say the Trump administration “failed to consider the conspicuous issues of whether to retain forbearance,” as well as pointing out how ending this program would impact its current recipients.
He added, “That dual failure raises doubts about whether the agency appreciated the scope of its discretion or exercised that discretion in a reasonable manner.
“The appropriate recourse is therefore to remand to DHS so that it may consider the problem anew.”
Not All is Lost
While the Trump administration lost this battle, the war itself is far from over.
There was a nugget in the Roberts opinion that may have been put there purposefully to guide the administration on how it needs to go about ending DACA.
Roberts wrote, “The dispute before the Court is not whether DHS may rescind DACA. All parties agree that it may.
“The dispute is instead primarily about the procedure the agency followed in doing so.”
The full ruling is below…
Supreme Court DACA Decision by Fox News on Scribd
The Dissent
Conservatives were crushed when the decision was announced, as were the dissenting justices, which was quite apparent in Justice Clarence Thomas’ dissenting opinion.
He wrote, “These cases could—and should—have ended with a determination that his legal conclusion was correct.
“Instead, the majority today concludes that DHS was required to do far more.
“Without grounding its position in either the APA or precedent, the majority declares that DHS was required to overlook DACA’s obvious legal deficiencies and provide additional policy reasons and justifications before restoring the rule of law.
“This holding is incorrect, and it will hamstring all future agency attempts to undo actions that exceed statutory authority.
“I would therefore reverse the judgments below and remand with instructions to dissolve the nationwide injunctions.”
Thomas also hinted ay something I have accused the judiciary of falling victim too many times…
In his dissent in the SCOTUS DACA case Justice Thomas says The decision is “An effort to avoid a politically controversial but legally correct decision.” pic.twitter.com/kFvWt4f2BH
— Daily Caller (@DailyCaller) June 18, 2020
President Trump seems unable to catch a break right now, but at least we know all hope is not lost here.
Both Roberts and Thomas have seemingly pointed the administration in the right direction, so it now up to the White House legal team to approach DACA from a new angle and hopefully end the program in the near future.
Source: Fox News
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